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METROPOLITAN POLICE DEPARTMENT
NOTICE OF FINAL RULEMAKING
The Chief of Police of the Metropolitan Police Department, pursuant to authority set forth in the District of Columbia Hazardous Materials Transportation and Motor Carrier Safety Act of 1988, effective March 16, 1989, D.C. Law 7-190; D.C. Code § 8-1401, et seq. (2001), as amended by the Traffic Adjudication and Motor Carrier Safety Amendment Act of 1992, effective October 1, 1992, D.C. Law 9-271, and Mayor's Order 1989-169, dated July 25, 1989, hereby gives notice of the adoption of the following rulemaking that will amend Chapter 14 of Title 18 of the District of Columbia Municipal Regulations, Vehicles and Traffic. The proposed rules would conform the fines to the Federal Motor Carrier Safety Administration regulations.
Pursuant to the District of Columbia Hazardous Materials Transportation and Motor Carrier Safety Act of 1988, effective March 16, 1989, D.C. Law 7-190; D.C. Code § 8-1401, et seq. (2001), the proposed rules were submitted to the Council of the District of Columbia (Council) for a forty-five (45) day period of review (excluding weekends, holidays and days of Council recess). The forty-five (45) day period of review expired on November 10, 2010 and the Council has taken no action. Therefore, the rules are deemed approved.
No comments were received and no changes were made to the text of the proposed rules, as published in the Notice of Proposed Rulemaking in the D.C. Register at 57 DCR 4629 on May 28, 2010. The final rules will be effective upon publication of this notice in the D.C. Register.
Chapter 14, “Commercial Transportation Safety,” of Title 18 DCMR, is amended as follows:
Subsection 1400.2 is amended to read as follows:
1400.2 In accordance with this statutory directive, all vehicles identified in § 1401.1 shall be operated in compliance with title 49 of the Code of Federal Regulations, Parts 171 through 180, Part 383, Part 387, and Parts 390 through 397 currently in effect, which are herein adopted by reference.
The heading for section 1408 is amended to read as follows:
1408 FINES
Subsections 1408.2, 1408.3, and 1408.4 are amended by striking the phrase “Violation of Out-of-Service Notice $1,000.00” from the table in each paragraph.
New subsections 1408.6, 1408.7 and 1408.8 are added to read as follows:
1408.6 A driver who is convicted or found liable by an authorized administrative tribunal of violating an out-of-service order shall be subject to a civil penalty of not less than two thousand and five hundred dollars ($2,500) for a first conviction and not less than five thousand dollars ($5,000) for a second or subsequent conviction, in addition to disqualification.
1408.7 An employer who is convicted of or found liable by an authorized administrative tribunal of knowingly allowing, requiring, permitting, or authorizing a driver to operate a commercial motor vehicle during a period in which the driver or the commercial motor vehicle is subject to an out-of-service order shall be subject to a civil penalty of not less than two thousand seven hundred and fifty dollars ($2,750) nor more than twenty-five thousand dollars ($25,000).
1408.8 An employer who is convicted of or found liable by an authorized administrative tribunal of knowingly allowing, requiring, permitting, or authorizing a driver to operate a commercial motor vehicle in violation of a federal, State, or District law or regulation pertaining to railroad-highway grade crossings shall be subject to a civil penalty of not more than ten thousand dollars ($10,000).
